Created by Fuzzy Cloud

Patna High Court

Md. Kamshan @ Kummo @ Md. Kamran @ Md kamran AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

The petitioners, Md. Kamshan and Md. Ahad, applied for anticipatory bail fearing arrest in a murder case (PS Naugachhiya Case No. 255 of 2025) where they were alleged to have caused the death of a person using a firearm. The prosecution alleged that the deceased was last seen with the petitioners and later found dead due to firearm injuries. The High Court, noting the seriousness of the allegations and the charges under Sections 103(1), 238, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, declined to grant anticipatory bail. The court ordered the petitioners to surrender within four weeks and to apply for regular bail, stating that the regular bail application would be considered on its merits. The order was communicated to the Senior Superintendent of Police for compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in light of the serious nature of the offences alleged.
  • Whether the charges under Sections 103(1), 238, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • serious offence
  • Arms Act
  • surrender
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90073 of 2025
                    Arising Out of PS. Case No.-255 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
           1.     Md. Kamshan @ Kummo @ Md. Kamran @ Md kamran Alam son of Md.
                  Pairu Resident of Village -Ujani, Ps- Naugachhiya, District- Bhagalpur
           2.    Md. Ahad @ Ahda @ Sufyan Son of md. Pairu Resident of Village -Ujani,
                 Ps- Naugachhiya, District- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjan Kumar Jha
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                     2.       The petitioners apprehend their arrest in

                   connection with Naugachhiya P.S. Case No. 255 of 2025

                   registered for the offence under Sections 103(1), 238, 3(5) of the

                   BNS and under Section 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioners are

                   accused of last seen with the deceased after which the deceased

                   was found dead. The injury caused to the deceased, because of

                   which the deceased, has died, has been caused by fire arm.

                                   4.     Considering the serious allegations levelled

                   against the petitioners, this Court is not inclined to grant
          Patna High Court CR. MISC. No.90073 of 2025(3) dt.27-02-2026
                                                      2/2




                    anticipatory bail to the petitioners.

                                       5.    Accordingly, this application for anticipatory

                    bail is dismissed.

                                      6. The petitioners are directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Senior Superintendent of Police,

                    Bhagalpur will take all steps for arrest of the accused person/s

                    including the petitioners. If the petitioners surrender and pray

                    for regular bail then the Court below will consider the same on

                    its own merits without being prejudiced by the fact that

                    anticipatory bail application of the petitioners has been

                    dismissed.

                                 7.         Let a copy of this order this order be

                    communicated to the Senior Superintendent of Police,

                    Bhagalpur through FAX for its compliance.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.